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Reconciling U.S. Regulatory Procedure With The Wto Reformulated Gasoline Case

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Chapter Summary

This chapter first examines the development of the Reformulated Gasoline (RFG) rule and the events leading up to the dispute before the World Trade Organization (WTO). It then describes the arguments posed before the WTO RFG panel and Appellate Bodies, and evaluates the Appellate Body's final decision. Next, it looks at the deficiencies of the U.S. regulatory process in coordinating and appreciating the interests of foreign countries, especially developing countries. The chapter also suggests a four-part strategy by which the United States can adjust its administrative procedures to be in accordance with the mandate of the WTO. Finally, it provides a conclusion, including predictions on future developments in the "trade and environment" debate.

Keywords: appellate bodies; Reformulated Gasoline (RFG) rule; U.S. regulatory process; World Trade Organization (WTO)



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